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   State Courts - Alabama - October 1, 2004
  
Ex parte Rhone, 1031022, SUPREME COURT OF ALABAMA, October 1, 2004, Released
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Overview: Appeals court erred in failing to consider defendant's timely-filed amendment to his post-conviction relief petition, as it was not delayed and did not prejudice the State. The matter was remanded for hearing.

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Ex parte T.O., 1021861, 1021875, SUPREME COURT OF ALABAMA, October 1, 2004, Released
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Overview: Trial court abused discretion in ordering a minor's psychiatrist to disclose privileged information as the minor, the only person with standing to waive psychotherapist-patient privilege, did not manifest clear intent to waive privilege.

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Ex parte V.S., 1030897, SUPREME COURT OF ALABAMA, October 1, 2004, Released
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Overview: Defendant's petition for writ of certiorari was quashed as improvidently granted as a petition for a writ of mandamus in the intermediate court was the only remedy available to defendant to challenge the denial of his first postconviction petition.

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Hall v. Hall, 1030472, SUPREME COURT OF ALABAMA, October 1, 2004, Released
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Overview: Son failed to present an argument to counter the application of the ore tenus rule to the trial court's finding that a checking account and household furnishings were not assets of a decedent's estate.

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Hughes Developers, Inc. v. Montgomery, 1030841, SUPREME COURT OF ALABAMA, October 1, 2004, Released
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Overview: Lender did not have a right to recover money damages, where shares of the debtor's corporate stock were invalidated, as identical stock was reasonably available, and offered to him, but he refused it.

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K.B. v. Cleburne County Dep't of Human Res., 2030420, COURT OF CIVIL APPEALS OF ALABAMA, October 1, 2004, Released
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Overview: Trial court correctly applied the best interest of the child standard in awarding custody to a child's maternal aunt and uncle. But, it erred in leaving a mother's visitation schedule open to the aunt and uncle's discretion, requiring remand.

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K.W.J. v. State, CR-03-1252, COURT OF CRIMINAL APPEALS OF ALABAMA, October 1, 2004, Released
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Overview: Where defendant never argued that a testimony was insufficient to revoke his probation, defendant waived an objection to the sufficiency of the evidence; however, the trial court failed to state the reasons for the revocation.

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Knight v. State, CR-00-2694, COURT OF CRIMINAL APPEALS OF ALABAMA, October 1, 2004, Released
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Overview: In a husband's capital murder trial for stabbing his wife, no heat-of-passion instruction was required because he did not catch his wife in the act of sexual intercourse. At sentencing, court erred in applying non-statutory aggravating circumstance.

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LaPointe v. State, CR-03-1245, COURT OF CRIMINAL APPEALS OF ALABAMA, October 1, 2004, Released
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Matthews v. Litton Loan Servicing, LP, 1030982, SUPREME COURT OF ALABAMA, October 1, 2004, Released
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